USPTO Patents Application 10037067

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box L450

Alexandria, Virginia 223 13-1450
www.uspto.gov

I ATTORNEY DOCKET NO. I CONFIRMATION NO. [

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

10/037,067

29391

12/21/2001

David E. Chine

7590

09/22/2006

BEUSSE WOLTER SANKS MORA & MAIRE, P. A.
390 NORTH ORANGE AVENUE
SUITE 2500
ORLANDO, FL 32801

Chine 3-4-18

5463

c

EXAMINER

ART UNIT

NEURAUTER, GEORGE C

n

PAPER NUMBER

2143

DATE MAILED: 09/22/2006

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Office Action Summarv

/iwv rivirvn Will f f f# f Of If

Application No.

10/037,067

Applicant(s)

CLUNE ET AL.

Examiner

George C. Neurauter, Jr.

Art Unit

2143

-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.

- Extensions of time may be available under the provisions of 37 CFR 1 .1 36(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.

- If NO period for reply is specified above, the maximum statutory period will apply arid will expire SIX (6) MONTHS from the mailing date of this communication.

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1 .704(b).

Status

1)E§] Responsive to communication's) filed on 14 August 2006 ,
2a)S This action is FINAL. 2b)D This action is non-final.

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11 , 453 O.G. 213.

Disposition of Claims

4) ^ Claim(s) 1-11 and 13-15 is/are pending in the application.

4a) Of the above claim(s) is/are withdrawn from consideration.

5) D Claim(s) is/are allowed.

6) ^ Claim(s) 1-1 and 13-15 is/are rejected.

7) Q Claim(s) is/are objected to.

8) D Claim(s) are subject to restriction and/or election requirement.

Application Papers

9) D The specification is objected to by the Examiner.

10)D The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a).

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1 .121 (d).
1 1 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-1 52.

Priority under 35 U.S.C. § 1 19

12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).
a)D All b)D Some * c)D None of:

1 .□ Certified copies of the priority documents have been received.

20 Certified copies of the priority documents have been received in Application No. .

3.Q Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Bureau (PCT Rule 17.2(a)).
See the attached detailed Office action for a list of the certified copies not received.

Attachment(s)

1) □ Notice of References Cited (PTO-892)

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948)

3) O Information Disclosure Statement(s) (PTO/SB/08)

Paper No(s)/Mail Date .

4) O Interview Summary (PTO-413)

Paper No(s)/Mail Date. .

5) CD Notice of Informal Patent Application

6) □ Other: .

U.S. Patent and Trademark Office
PTOL-326 (Rev. 08-06)

Office Action Summary

Part of Paper No./Mail Date 20060913

Application/Control Number: 10/037,067 Page 2

Art Unit: 2143

DETAILED ACTION

Claims 1-11 and 13-15 are currently presented and have been
examined.

Response to Arguments

Applicants arguments filed 14 August 2006 have been fully
considered but they are not persuasive.

The Applicant argues that Bonomi does not disclose a
circularly linked list further comprising a list of destination
nodes, each destination node having an associated destination
address for receiving multicast data and a link to a next
destination node for processing. The Examiner is not persuaded
by these remarks .

In response to applicants arguments against the references
individually, one cannot show nonobviousness by attacking
references individually where the rejections are based on
combinations of references. See In re Keller, 642 F.2d 413, 208
USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231
USPQ 375 (Fed. Cir. 1986) .

Bonomi expressly discloses:

"One such feature is the multicast capability. Multicast
typically refers to the ability of one end-station (source end
station) to send a cell to several end-stations (target end-
stations) without the source end-station having to retransmit

Application/Control Number: 10/037,067 Page 3

Art Unit: 2143

the cell to the individual target end stations , (column 2, lines
45-52)

"The present invention is directed to management of queues
in the memory of a cell switch, and more particularly to the
support of multicast transmissions. A switch in accordance with
the present invention maintains a separate queue for each branch
of the multicast connection so that each branch can be served
according to the specific service parameters it is set up with.
In the case of a multicast connection, several multicast cells
are received from a source end- system. Each cell received on the
multicast connection is transmitted on several output branches
to achieve the multicast function. Transmission on each output
branch may correspond, for example, to transmission out of a
port of the switch. " (column 3, lines 50-62)

" Queue manager 430 determines the ports on which each cell
needs to be transmitted. In one embodiment described in further
detail below, queue manager 430 maintains a port mask associated
with each QID. A table providing the mapping may be stored in
scheduler memory 431. The port-mask identifies the output
branches (in port card 491) on which the cells of that QID need
to be transmitted. As each branch may be associated with a port,
the port-mask indicates the specific ports in port-card 491 on
which the cells for the corresponding QID need to be

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Art Unit: 2143

transmitted. For multicast cells to be transmitted on more than
one port of a port card, the port-mask will indicate that
transmission is required to more than one port. In one
embodiment, only one branch of a physical queue can be
transmitted on a port, and a bit is therefore maintained for
each branch/port . One value indicates that the cells
corresponding to the QID need to be transmitted on a
corresponding port, and the other value indicates that the cell
should not be transmitted on the port. Cells for each output
branch are identified by a logical queue. All the logical queues
are based on a single physical queue. The maintenance of
physical and logical queues in an example embodiment will be
described below. " (column 11, lines 26-47)

" As each logical queue is traversed (by scheduler 4 70) in
the cell order, the head-pointer corresponding to that logical
queue is updated to reflect the processed cells for that branch.
Thus, a head pointer for a logical queue points to the next cell
to be processed in the cell order for that logical queue
(branch) . " (column 13, lines 40-45)

" Port-mask table 53 0 is used to identify the branches on
which each cell in a physical queue is to be transmitted. In one
embodiment, each port can have only one branch of a multicast
connection associated with it. Accordingly, port-mask table 530

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Art Unit: 2143

identifies the ports on which the corresponding cell is yet to
be transmitted. Thus, with reference to the queues illustrated
in FIG. 5, assuming that branches 1 and 2 are to be transmitted
on ports 1 and 2 respectively, port masks 530-A, 530-C and 530-D
are shown with a mask of 0001 indicating that corresponding
cells 520-A, 520-C and 520-D are to be transmitted on port 1
only (i.e., output branch 1). On the other hand, the port masks
530-H and 530-L have a value of 0011 indicating that the
corresponding cells are to be transmitted on ports 1 and 2
respectively . " (column 14, lines 3-16)

In view of the disclosures of Bonomi, each destination node
or a "storage location" in memory containing a "cell" in a
"branch queue" wherein each destination node has an associated
destination address or "port mask" which allows the multicast
data within the cell to be sent to its targeted end system via a
transmission port that is indicated by the port mask. This queue
contains links to the next destination node or "head pointer" as
also shown above and as shown previously. As also shown
previously by the Examiner, Bonomi does not expressly disclose a
circularly linked list, however, it would have been obvious to
modify the teachings of Bonomi use a circularly linked list as
disclosed in Knuth for the reasons disclosed in Knuth and as is
well known in the art by those of ordinary skill. Therefore, the

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Art Unit: 2143

combined teachings of Bonomi and Knuth reasonably suggest the
claimed invention.

For the record, the Examiner emphasizes that the claimed
invention employs broad steps which encompass the well known
embodiment of traversing a linked list such as a circularly
linked list as shown in Knuth and Bonomi and as well known in
the art. The claimed steps of forming a linked list, entering
the list at an initial node, traversing the nodes by using a
link or, as is well known in the art as a "pointer" as also
shown in Bonomi, to determine the next destination node to
process, and terminating the traversal when all the linked
destination nodes have been processed are all well known and
used steps for traversing a linked list through the use of
pointers as is commonly known in the data structure and computer
programming arts. The prior art is replete with numerous
intended uses of traversing a linked list and it is emphasized
by the Examiner that the nominally recited steps of traversing a
linked list which is currently claimed do not place the claims
in condition for allowance as shown in view of Bonomi and Knuth
and in the broader view of the cited prior art and the level of
knowledge of one of ordinary skill in the art regarding linked
list traversal.

Application/Control Number: 10/037,067
Art Unit: 2143

Page 7

Claim Rejections - 35 USC § 103

The following is a quotation of 35 U.S.C. 103(a) which
forms the basis for all obviousness rejections set forth in this
Office action:

(a) A patent may not be obtained though the invention is not identically
disclosed or described as set forth in section 102 of this title, if the
differences between the subject matter sought to be patented and the prior
art are such that the subject matter as a whole would have been obvious at
the time the invention was made to a person having ordinary skill in the
art to which said subject matter pertains. Patentability shall not be
negatived by the manner in which the invention was made.

The factual inquiries set forth in Graham v. John Deere

Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for

establishing a background for determining obviousness under 3 5

U.S.C. 103(a) are summarized as follows:

1. Determining the scope and contents of the prior art.

2 . Ascertaining the differences between the prior art and
the claims at issue.

3. Resolving the level of ordinary skill in the pertinent
art .

4. Considering objective evidence present in the
application indicating obviousness or nonobviousness .

This application currently names joint inventors. In

considering patentability of the claims under 35 U.S.C. 103(a),

the examiner presumes that the subject matter of the various

claims was commonly owned at the time any inventions covered

therein were made absent any evidence to the contrary.

Applicant is advised of the obligation under 37 CFR 1.56 to

point out the inventor and invention dates of each claim that

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Art Unit: 2143

was not commonly owned at the time a later invention was made in
order for the examiner to consider the applicability of 35
U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior
art under 35 U.S.C. 103(a).

Claims 1-15 are rejected under 35 U.S.C. 103(a) as being
unpatentable over US Patent 6 219 352 to Bonomi et al in view of
"The Art of Computer Programming: 2 nd Edition" to Knuth.

Regarding claim 1, Bonomi discloses a method for
identifying destination nodes of a multicast session in a
network having a plurality of nodes, comprising forming a linked
list ("queue") further comprising a list of destination nodes,
each destination node having an associated destination address
for receiving multicast data ("port mask") and a link to a next
destination node in the list for processing ("head pointer") ;
entering the list at an initial destination node; traversing the
linked list to process each destination node, for each
destination node, sending the multicast data to the associated
destination address and using the link to determine the next
destination node for processing; and terminating the traversing
step when all linked destination nodes have been processed
(terminating at the "tail pointer"), (column 10, line 61-column
11, line 35; column 13, lines 40-column 14, line 16,
specifically column 13, lines 46-60 and column 14, lines 3-16)

Application/Control Number: 10/037,067 Page 9

Art Unit: 2143

Bonomi does not expressly disclose a circularly linked
list, however, Knuth does disclose a circularly linked list
(page 270, section 2.2.4 ''Circular Lists' 7 , specifically "A
circularly-linked list... has the property that its last node
links back to the first... It is then possible to access all of
the list starting at any given point")

It would have been obvious to one of ordinary skill in the
art at the time the invention was made to combine the teachings
of these references since Knuth discloses that using a
circularly linked list allows for entry into the list at any
point (page 270, section 2.2.4 "Circular Lists", specifically
"It is then possible to access all of the list starting at any
given point") . In view of these specific advantages and that the
references are directed to traversing linked lists or queues and
entering a linked list at a given point, one of ordinary skill
would have been motivated to combine these references and would
have considered them to be analogous to one another based on
their related fields of endeavor.

Regarding claim 2, Bonomi and Knuth disclose the method of
claim 1.

Bonomi discloses the method further comprising receiving
data intended for transmittal to the identified destination
nodes of the multicast session. (Figure 2, step 220; column 7,

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Art Unit: 2143

line 54-column 8, line 36, specifically column 7, lines 56-61;
column 13, lines 46-48)

Regarding claim 3, Bonomi and Knuth disclose the method of
claim 2 .

Bonomi discloses wherein the initial destination node is
determined from the received data, (column 10, lines 12-60,
specifically lines 16-22; column 11, lines 18-47) .

Regarding claim 4, Bonomi and Knuth disclose the method of
claim 2 .

Bonomi discloses wherein at least one destination node of
the list, as determined from the received data, is excluded from
the multicast session, (column 14, lines 17-25) .

Regarding claim 5, Bonomi and Knuth disclose the method of
claim 4 .

Bonomi discloses wherein the received data includes an
indicator identifying the destination node that is to be
excluded from the multicast session, (column 14, lines 17-25)

Regarding claim 6, Bonomi and Knuth disclose the method of
claim 5.

Bonomi discloses wherein the indicator identifies the
destination node from which the data was received as the
destination node to be excluded from the multicast session,
(column 2, lines 45-67; column 14, lines 17-25) .

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Art Unit: 2143

Regarding claim 7, Bonomi and Knuth disclose the method of
claim 1.

Bonomi discloses wherein the initial destination node is
predetermined (column 13, lines 40-column 14, line 2,
specifically column 13, lines 52-55)

Regarding claim 8, Bonomi and Knuth disclose the method of
claim 1.

Bonomi discloses the method further comprising receiving
data intended for transmittal to the identified destination
nodes of the multicast session on an input port, and wherein the
initial destination node is determined based on the input port,
(column 10, lines 12-60, specifically lines 16-22; column 11,
lines 18-47; column 14, lines 47-58)

Regarding claim 9, Bonomi and Knuth disclose the method of
claim 1 .

Bonomi discloses wherein the address for entering the list
is the destination node from which the data was received,
(column 10, lines 12-60, specifically lines 16-22; column 11,
lines 18-47)

Regarding claim 10, Bonomi and Knuth disclose the method of
claim 1 .

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Art Unit: 2143

Bonomi discloses wherein the traversed destination node
entries are the identified destination nodes of the multicast
session, (column 13, lines 46-60)

Regarding claim 11, Bonomi and Knuth disclose the method of
claim 1 wherein destination nodes for a plurality of multicast
sessions are interleaved in the list, and wherein the
destination nodes for each one of the plurality of multicast
sessions are linked, (column 13, lines 18-25)

Bonomi does not expressly disclose a circularly linked
list, however, Knuth does disclose this limitation (page 270,
section 2.2.4 "Circular Lists", specifically "A circularly-
linked list... has the property that its last node links back to
the first... It is then possible to access all of the list
starting at any given point") .

Claim 11 is rejected since the motivations regarding the
obviousness of claim 1 also apply to claim 11.

Regarding claim 13, Bonomi and Knuth disclose the method of
claim 1.

Bonomi discloses wherein the link comprises a pointer at
each destination node that points to another destination node
such that the plurality of destination nodes are linked.

Bonomi does not disclose wherein the destination node
entries are circularly linked, however, Knuth does disclose

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Art Unit: 2143

wherein entries are circularly linked (page 270, section 2.2.4
"Circular Lists", specifically "A circularly-linked list... has
the property that its last node links back to the first... It is
then possible to access all of the list starting at any given
point") .

Claim 13 is rejected since the motivations regarding the
obviousness of claim 1 also apply to claim 11.

Claim 14 is rejected since claim 14 recites a method that
contains substantially the same limitations as recited in claims
1 and 12 in combination.

Claim 15 is rejected since claim 15 recites an apparatus
that contains substantially the same limitations as recited in
claim 1.

THIS ACTION IS MADE PINAL. Applicant is reminded of the
extension of time policy as set forth in 37 CFR 1.136(a).

A shortened statutory period for reply to this final action
is set to expire THREE MONTHS from the mailing date of this
action. In the event a first reply is filed within TWO MONTHS
of the mailing date of this final action and the advisory action
is not mailed until after the end of the THREE-MONTH shortened
statutory period, then the shortened statutory period will
expire on the date the advisory action is mailed, and any
extension fee pursuant to 37 CFR 1.136(a) will be calculated

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Art Unit: 2143

from the mailing date of the advisory action. In no event,
however, will the statutory period for reply expire later than
SIX MONTHS from the mailing date of this final action.

Any inquiry concerning this communication or earlier
communications from the examiner should be directed to George C.
Neurauter, Jr. whose telephone number is (571) 272-3918. The
examiner can normally be reached on Monday through Friday from
9AM to 5:30PM Eastern.

If attempts to reach the examiner by telephone are
unsuccessful, the examiner's supervisor, David Wiley can be
reached on (571) 272-3923. The fax phone number for the
organization where this application or proceeding is assigned is
571-273-8300.

f

Application/Control Number: 10/037,067

Page 15

Art Unit: 2143

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gen

JEFFREY PWU
PRIMARY EXAMINE/ 1